AGREEMENT Overview: This agreement contains the entire understanding between Avalon MIS and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties.
If the parties want to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
COOPERATION: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Avalon MIS is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to Avalon MIS.
IMAGES and COPYRIGHTS: the digital images created by Avalon MIS are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without Avalon MIS's explicitly written permission.
Upon final payment by the client, the client has limited copyright ownership of the resulting digital images which may be used only for personal use and may not be copied ,or reprinted without express permission of Avalon MIS. This permission is included with high resolution disks, with which the owner may make prints for personal use and sharing, as well as use for their personal blogs, sites, and social networks. The owner may not re-distribute the disk in any manner. The Client must obtain written permission from, and compensate Avalon MIS prior to the CLIENT, or its friends/ relatives publishing or selling the images for profit.
MODEL RELEASE. The CLIENT & Subject hereby grant to Avalon MIS and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising and any other purpose and in any manner and medium; to alter the same; and to copyright the same. The CLIENT hereby releases Avalon MIS and its legal representatives and assigns from all claims and liability relating to said photographs.
LIMIT OF LIABILITY: In the unlikely event that the photographer is injured or becomes too ill, or has an extreme emergency that prevents her/him from photographing the event, Avalon MIS will make every effort to reschedule the event. If for whatever reason this is not possible, responsibility and liability is limited to the return of all payments received for the package purchased. Avalon MIS takes the utmost care with respect to exposure, transportation, and processing the digital images. However, in the unlikely event that the images or files have been lost, stolen, or destroyed for reasons within or beyond Avalon MIS's control, Avalon MIS liability is limited to the return of all payments received for the digital package.
